269 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,459 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,381 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,111 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  4. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,076 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  5. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,812 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  6. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,115 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  7. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,801 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  8. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,075 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
  9. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,416 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
  10. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,401 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,620 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,589 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,279 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  14. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,351 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  15. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,448 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  16. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,902 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  17. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,902 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  18. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,253 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  19. Section 2301 - Definitions

    15 U.S.C. § 2301   Cited 2,519 times   36 Legal Analyses
    Including as consumers those entitled to enforce a warranty "under applicable State law"
  20. Section 2310 - Remedies in consumer disputes

    15 U.S.C. § 2310   Cited 1,604 times   10 Legal Analyses
    Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"
  21. Section 814.39 - PMA supplements

    21 C.F.R. § 814.39   Cited 152 times   4 Legal Analyses
    Authorizing medical device manufacturers to change labels to "add or strengthen a contraindication, warning, precaution, or information about an adverse reaction"
  22. Section 803.50 - If I am a manufacturer, what reporting requirements apply to me?

    21 C.F.R. § 803.50   Cited 149 times   7 Legal Analyses
    Requiring device manufacturers to report adverse medical device events to the FDA
  23. Section 1.21 - Failure to reveal material facts

    21 C.F.R. § 1.21   Cited 27 times   1 Legal Analyses

    (a) Labeling of a food, drug, device, cosmetic, or tobacco product shall be deemed to be misleading if it fails to reveal facts that are: (1) Material in light of other representations made or suggested by statement, word, design, device or any combination thereof; or (2) Material with respect to consequences which may result from use of the article under: (i) The conditions prescribed in such labeling or (ii) such conditions of use as are customary or usual. (b) Affirmative disclosure of material

  24. Section 820.80 - [Effective until 2/2/2026] Receiving, in-process, and finished device acceptance

    21 C.F.R. § 820.80   Cited 18 times   5 Legal Analyses
    Requiring manufacturers, in general, to "establish and maintain procedures for acceptance activities"
  25. Section 99.101 - Information that may be disseminated

    21 C.F.R. § 99.101   Cited 6 times

    (a) A manufacturer may disseminate written information concerning the safety, effectiveness, or benefit of a use not described in the approved labeling for an approved drug or device or in the statement of intended use for a cleared device, provided that the manufacturer complies with all other relevant requirements under this part. Such information shall: (1) Be about a drug or device that has been approved, licensed, or cleared for marketing by FDA; (2) Be in the form of: (i) An unabridged reprint